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tv   America Live  FOX News  July 12, 2013 10:00am-12:01pm PDT

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questions asked about what transpired in france in the holiday week. >> it was a field day woke week and a lot of people on the rails. thanks for joining us. namerica live starts right now. >> we start with a fox news alert. three weeks and 53 witnesses, prosecution and defense are done and the jury is approximate to start deliberating a murder trial that began with a confrontation between two people and turned bo a debate on race and self defense. welcome to american live. i am allyson camerota in for megyn kelliy. a look in the courtroom. they said that trayvon martin had a right to defend himself that night. the defense attorney made his chosing arguments and telling
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the jury that the prosecution's case was full of ga ffes and full of could of and maybes. >> it is a voilths event was a guy who didn't go home when he had a chance to. he decideed to lie in wait, i guess, plan his move it seems to decide what he was going to do. >> how many times was it said. i will be held in contempt to drop this and so i will not do drama and drop it on the florida and watch it roll around. that is cement. that is a side walk. and that is not an unarmed tone ager with nothing but skittles
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trying to get home. if you really look at those instructions and apply them and say yes to self defense and let him be found not guilty and let him go back to his life, thanks. >> as we await the next stage, police plan to make a statement after the joris charged. in the meantime, we'll go to the seminole county criminal justice center in sanford, florida. phil what are the headlines in >> mark omaracontrasting the passionate and fiery closing argument by the lead prosecutor and today, the jury saw an attorney very different and folksy and gentle and conversational. in the three hour plus closing argument. mark o'marahad george zimmerman to stand in the courtroom in an effort to human otherwise the
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defendant who had no reaction and didn't change expression and finally that computer animation zimmerman's defense tried to get in the trial played out for the jorto see trayvon martin throw the first punch and the two wrestling on the grass and side walk. heoused four minutes to represent the time that zimmerman called police about a suspicious trayvon martin and the final gun shot. the partners of trayvon mart and i know george zimmerman sat in the courtroom watching it all as omarahammered home that the self defense case boat the state's murder rap. >> at that moment, george zimmerman shot trayvon martin and what other options did he
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have? none. he had none. >> and after the jury's lunch break the judge will give them instructions that the six jurors and alternates will find out. and on the page is lesser charge of manslaughter that said george zimmerman committed an act or acts that caused the death of trayvon martin and that's why the defense argued against having that included. but the judge deborah nelson giving them two options. convict on second-degree murder or manslaughter or third option or find george zimmerman acted in self defense and find him not guilty. allyson. >> how did the defense and prosecutions do in the last
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chance to speak? thank you for being here. johna, what is the take away now that it is over? >> from my perspective, the prosecutions hammered home the common sense element and that is usually what defense attorneys have to hammer on because the law usually is not on our side. in this case, the law is not on the state's side as much as defense side. >> what do you mean by that? >> i think the state did a great job of proving reasonable doubt for the defense. they have to look at six women, five of whom are mothers and said this kid had shilths skittles and this guy had a gun andous your common sense and mark omarahammered home the law. >> the roles are flipped and the defense said don't connect the
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dots and don't put it together. don't think of things that were not introduced in evidence and don't feel 0 and rest on your emotion. but the prosecution said he shot him because he wanted to and talked about a child, the last thing on earth that he tryed to do was go home. that is emotional. >> you think that the jury will respond? >> i thought the rebuttal wasective and the defense was lack luster and i was surprised because they had done a good job up to this point. why do lawyers feel like they have toous all of the time they are allotted, why, why, why? and thinking of theous of time and four minutes of silence defense and sat there with the jury and four minutes is a long time when you sit there silently and the defense attorney saying this is the time that trayvon
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martin could have run home. one word, compelling. i was listening, what is this for four minutes. that is how long trayvon martin had to go home. wow, that does it for me. as much as you talk about things and facts in the courtroom, to slow it down like that and take one fact and live it out in the courtroom is veryective. >> the prosecutor reboughted that. that was not four minutes that trayvon martin had to run home, that was the last four minutes of trayvon martin's life. nwhich way to go with the juroror. >> i would give that to the defense. they brought it up and it was effective and the prosecutions rebutted that, but four minutes, you can't unring that bell. ncomputer animation was not allowed in trial but allowed in the closing arguments. >> and for this closing argument it worked. if you listened from start to
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finish, omaralaid out how this probably happen and he closed all of the gaps that the prosecutions never closed. >> except that juror's are smart. they may not know the rowels of ed and they know why didn't we so it before. it is scowed toward the defense and it was a little jarring for me. he was all folksy and quoting john adam and does a fancy thing. that was little jarring. nphil coating talking about the 20 pages of jury instructions they are about to get from the judge. do you think that manslaughter is an option. how will it end? >> neither side addressed and hammering home what you need for murder. ill will. >> ros kougz did it toward the end. >> and those are the jury instructions and on those pages
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for the law and not your common sense. if they follow the law, i think they have to come back with an acquittal. >> i would say that before the manslaughter or lack luster defense closing. and now it is a manslaughter for a manslaughter conviction. >> thank you so much for helping us an likewise this. >> folks nows alert for you now. san francisco police said one of the chinese teenagers that was killed in the asiana airline crash was stuck by the fire truck. the girl was on the ground and covered in foam that was sprayed by fire crows and we are seeing new images today including the haunting picture. blackened walls and gapping hole in the roof as you can see on the streen and societies that descent greated in the jet making it chlor that a swedy
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exit was voilths. the missing engine that destroyed littered luggage and scattered all over the runway and amazing to think that throw 05 of the throw 07 people did survive. emergency calls showing that the frustration that survivors had in waiting for the help to come. >> there are people injured on the tarmac and no ambulance. >> ma'am, we have reports of it. >> there are no ambulances here and we have been on the grouped 20 minutes. >> there is critical injuries. hello? >> yes, i am still here. >> okay. were you on the plane, ma'am. >> yes, we have been on the ground 20 minutes or half an hour and there are people laying on the tarm acwith critical injuries head injuries, and we are almost loedzing a woman here. we are trying to cope her alive.
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>> claudia has the update on all of this, hi, claudia. >> officials in san francisco four department said passengers may not have sewn the responding ambulances because they were is not to a staging area and kept their distance out of concern that the plane could explode and we have a police confirming that one of the two girls that died was struck by a responding emergency vehicle but unclear if that is how she died. we are still waiting on autopsy results to know for sure. in the moan time san francisco four crews were back at the crash site after the flames broke out after the removal of the nows laj. no word on what caused the early morning four and no one was hurt. the fusela ge is gone.
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>> we have three runways and fourth runway and scheduled if all goes well to open on sunday. we are bringing in thousands of tons was aspalt to work all night and aircraft should be gone by tomorrow. >> federal investigators are wrapping things up in the airplane. they are giving the investigation top proirity. and the picture raises questions about the pilots who were supposed to monitor the air spode and didn't realize they were to low and slow until it was too late. federal investigators suggest that there was anything wrong with the plane. >> all right. thank you for that update claudia, cow an. nbreaking nows out of washington where janet napolitano announced she is retiring.
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plus, social media exploded with the reference of shark- nato, a made for cable movie about sharks in a tornado in los angeles. and all of that just a head and the escapes may actually support shark- nato. these programs are empowering people to lead positive change, and helping them discover how great a little balance can feel. through initiatives like these, our goal is to inspire more than three million people to rediscover the joy of being active this summer. see the difference all of us can make, together.
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a horrifying train crash leaving eight people dead and officials indicating that that number will rise. the french rail authority said the packed commuter train left paris when it jumped the rails and crashed into a suburban train station. it split in two parts and one of them actually landing on the platform and people waiting on the platform were eletroouted. 350 passengers were on the train at this time. at this stage, it looks like the train was going too fast when it
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derailed. >> at a time when we are facing record deficits and debt, can we save the american people 200 million a year if possible? >> that is a provocative way to ask the question. >> now megyn kelliy and janet napolitano 18 monthsing on. and today, the secretary announced she will be stepping down. she's been in charge of the agency since president obama tock office and will love to become the president of the california university system. during her rocky tenure napolitano was a lightening rod in the immigration debate and taking hits on both sides of the issue and the awkward timing of her departure as the issue rages on in capitol hill. chris, host of the power play. how are you doing? >> doing well. >> what are we to make of
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secretary napolitano's a noupsment? >> we expected she would have left sonar when the second term transition. we assume like eric holder embattled and staying put. her decision to love right now takesitous two things, one, how do you replace somebody whose office is central to the brutal fight over immigration here in washington? remember ally, conservatives don't trust her to make the finings that are reared to say the border is secured in order to grant permanent legal status. and that is one side. and when they go about confirming a replacement for napolitano harry reid is threatened to go nuclear. he may say it is a first big fight for a important job that
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touches in the case of tsa every american and so it is going to get interesting down here. >> touches literally and figureivity. we'll have a nuclear debate about the option. not only is there a national debate raging about immigration but edward snowden national security debacle, were either of these connected. >> she's had fast and furious and all coin-- kinds of problem it is a job to take the boating for the administration, she had a leather jacket when megyn was interviewing her and you have to be tough. you are taking the heat for the administration and she has taken as much as she can stand or they want her too and she will go on to greener pastures in higher education.
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>> she will be in charge of ten separate campuses and it is a big job for the university of california system. it is safe to say that this is been in the works for a while >> probably a soft landing type of thing. highway pay and high profile and important job and probably takes time to put together. in this town, when the president is your boss and in a democratic state like california, there is a way to make things happen fast. >> chris, i continue is earlier, but who do you think will replace her? >> you expect somebody not highway profile. george bush had motorcycle motorcycle chertoff. and a lawyer and you might expect to so the same and somebody who talks a lot and takes a liberal line on immigration. chris, thank you so much.
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have a great weekend. >> you, to. >> the jury will get the final instruction objection before deliberating the george zimmerman murder trial. and how the whole case was handled by the judge. >> on mr. zimmerman's behalf. >> i am asking your cloint a question please, mr. west. >> i object to the court inquiring. >> your objection is overruled. members of the american postal worker's union handle more than 165 billion letters and packages a year. that's about 34 million pounds of mail every day. ever wonder what this costs you as a taxpayer? millions? tens of millions? hundreds of millions? not a single cent. the united states postal service doesn't run on your tax dollars. it's funded solely by stamps and postage.
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brought to you by the men and women of the american postal worker's union.
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>> an nfl cheerleader won a high profile lawsuit against a web
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site. the jury found the anonymous post about jones, the dirty, were not true and the web site allege that jones had had sex with various members of the cincinnati bengals football team which the jury decided was not true. jones left and became a teacher and pled guilty last fall to charges that she had sex with an underage former student. she and the 18-year-old student plan to marry. well, new legislation being introduced by a republican law maker that would suspepped funds from schools that punished kids for playing with imaginary guns. this gesture follows report after report after heavy handed and ebs tensive punishment dealed out to kindergarten age children for playing cops and robbers and oating cookies in
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the shape of guns. hey, trace? >> ally, no one is debating the issue of coping kids safe. it is the definition of child's play or definition of common sense. the texas state republican pushing to go after the schools that violate this and punish them and penalize them by cutting their funding if they a bows the 0- tollerance. stock dht man said he is simply trying to restore sanity to the school rom and cited several samples that we offered to on america live. the 7-year-old maryland by who was suspended for byting it in the shape of a gun. he tock an extra by the and looked like a gun and got suspended and the dad said the suspension could come back to haunt him. >> he gets out of school and goes for chlorrance and you
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threatened to shot member in the second grade or something crazy? >> and remember the 26 year old boys that were suspenned for playing cops and robberies and using fingers as imaginary guns and in massachusetts, a case of a five-year-old by that bought a from the school bus and they freaked out and threatened to suspend him until his mother jumped in and fought the battle, listen. >> i am glad i looked into it and i spoke up. six years old. i don't think he understood the gun policy and 0 tollerance. >> that was the lego gun. and a number of the other cases we covered here. look, 0 tollerance are in affect, rules are rowels and are to be followed and what the texas state law maker said do them on a state by state basis
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and bring common sense back in the equation. >> to bad we have to legislate common sense but chlor we have to after the issue with the schools. >> thank you. >> and coming up. now evidence that the democrats may be on thin ice when it comes to a highly controversial issue. the boston strangler murders, dna evidence, that they say links the man who confessed. dr. motorcycle mike boden who conducted forepzic investigations in this case will join us live with the new developments. and the film that is an overnight pop culture sensation. made for cable movie about shark in a tornado and the 16 that may support the shark- nado concept.
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>> new developments in the battle over late- term abortion in texas. the state senate is poised to vote on a plan to put newer recontradictions on when and
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where and how a woman can get abortion. it sparked massive protest and hundreds of activist loining the halls there and as you can so last month the state senator's filibuster made national headlines and described as a national hero. color cameron has more. >> they ran out the clock in the regular session and they are expected to pass the ban on most abortion 20 weeks after fertilizer li wragz and limits it to surgical centers and require that abortion doctors have admitting privileges at near by hospitals. oppo oppon -- opponents don't have the vote. pericalled for it to pass.
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rick sanitorium who ran in 2012 went to texas to lend the support. now restrictions and regulations are necessary begin the may murder conviction of dr. gosnell. just yesterday they approved a measure for doctors to be present when the first dose of medication is taking place. and adhere them to comply with the same ambulatory centers. ohio governor john ka siowa c signed an order like that and there is no schedule for it to hit the floor, allyson. we'll get to that debate son. moenl the george zimmerman murder trial serving as dangers
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of social media after spoiklyly's post. >> and we'll ask a man who was personally invited to work on the case of the boston strangler's final victim and tell us what he makes of the new evidence this week and the fact that he thinks that are ignored in the past. and social media exploded with the references of shark nado. there is historical science that supports the theory of hammerheads falling from the heavens. we report you decide. >> it is to dangerous. >> to many of them. >> we need a bigger chopper. mine was earned in djibouti, africa. 2004.
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>> fox news alert for you now. we are 20 minutes from the
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resumption of the george zimmerman murder trial. the jury will receive 27 pages of instructions. they are at scomplufrn then they will go get the instructs from the judge and then begin their deliberations. we'll bring it to you live when it happens. >> a possible big break in solving one of the unsolved crimes in u.s. history. authorities in massachusetts have dna linking the man who confessed to being the boston strangler to mary sullivan and they plan to exhow many his body in order to make a final determination. dr. mike motorcycle boden. he exhow manied the bodies of mary sullivan and desa lvo and
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open turn he was rebuffed by boston police to possible dna found in the crime scene. >> can you believe after all of this time they have something definitive this week. >> that's terrific. at the request of the family, a group of forensic scientist were gathered together and we exhumed the baby of marry sulcertain in 2001 and the body of desalvo. >> what did you find then? >> dna on the body of marry sullivan and therefore which was not hers, and it was male dna. and we exhow manied the body at the request of the desa lvo family and found his dna. it didn't match. it didn't match. >> it did not match in 2001.
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>> what is happening now, investigators say they have found what they found a familiarial match. >> what we wanted to do then, we spoke with the boston police. get a sample of the semien that was noted to be on the blanket. at the time in known 62 when she was murdered and they renowsed to give it to us and compare to the dna that we had deratify. they could have taken the dna then and looked at it. the family was 100 percent coptive in trying to solve it then. and there is evident, now they are stalking the desalvo family to get a bottle of salivia. >> they found a discarded water bottle from his nenow and plucked it from the garbage and
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they found dna on that body that matches the crime scone, moaning from his family not nat nenow was involved but somebody in the desalvo was there. >> the white chromeozone. that was how thomas jefferson was found to be the father of various descendants by tracing the white chromezoems. >> how dow explain. >> we are looking at dna from the pubic of sullivanment >> because it was a rape. >> to so if the dna matches the blanket semien which we were not permitted to do. we don't know if they match or not. it is appropriate that the boston police now they are ready to do that, to get that material
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and xoum the desa lvo body and have tissues from that presently and the potential dna. they are doing the ciowa a route of watching different relatives to descard something when the desalvo family could be willing to do it allment>> even after all of this time, the dna will sell the story and solve the case? >> yes, it will. they have to get it altogether to see what the dna from mary sullivan, whom that is from and the bottle that they retroughed is dna from orth person. is it safe to say if they do find out from desallow and he
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confessed or recanted. did you rule him out? >> no. bodies go through embalming and people handle it. it could be one of the handlers which may not have been wearing gloves. there could be dna from other persons and that's nothing to do with the murder. they are on the rod to solving this one case. one of the problems, he confessed to 13 murders. and no evidence to link them to any of them. and serial murders there were old women and young women. and caucasian and black women, it didn't match the normal
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serole. >> we xoumed here in the cape cod cemetery and the temporary and nenow was there. wonderful people and torn up emotionally. it is what people don't understand. it is not only the murder victim, it is friends and relatives and cases sherman and his mom, they have every day think about murdered mary sullivan and want to get it right. i hoboston police are getting it right after all of this time. >> there is always talk about closure in crimes and victims don't like it. it never makes the pain go away. and you have answers finally, it does help. n50 years ago, my first thought as a medical examiner and i went and sat down and i thought well,
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i hope it brings you closure, they say no, it doesn't bring closure. but answers questions and closure doesn't always come. >> it is. >> one of the biggest controversy in the murder trial is the judge herself. did she cross the loin and when she stormed off of the bench. we'll look at how she may have impacted the case. and final woes in one military base. we learn the dod just gave him throw and half million to save the gophers while 10,000 workers are furloughs. we are digging for answers. .
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fox news alert for you. fox news national security agency leaker, this is the alert now, edward snowden wants asylum in russia, as you may know, and he is willing to stop leaking information, he says, now, as a tradeoff for such a deal. this is according to a lawmaker who was among a dozen activists and officials to meet with snowden today at the moscow airport. the white house said that moments ago, that president obama is going to call russian president vladimir putin and snoed an apparently appeared nervous, we're told, but is apparently in good health and during this meeting, it was
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behind closed doors, in the transit zone of moscow airport where he has been holed up for the past three weeks in this sort of purgatory of not being able to go one way or the other. so let's bring in fox's jennifer griff in for the latest on this. what more do we know about these meetings today with amnesty, international? >> this is fascinating. it's the first glimpse that we've had of edward snowden since he arrived at the moscow airport on june 23rd. he called in the representatives of am naesty international, human rights watch in moscow, and he made a statement, the meeting lasted about 45 minutes. it's a part of sheremetyevo airport that the russians had to give permission to the human rights groups to go in to the part of the transit lounge where snowden has been staying. it's clear that snowden would like to have temporary asylum in inside russia. putin in the past has said that he could have asylum in russia but he needs to stop leaking damaging documents about the
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u.s. if he agrees to that then he could have temporary asylum. ultimately he says he still wants to go to latin america, to venezuela, nicaragua or bolivia, which have all offered him asylum. what is interesting is moments ago here in washington, the state department spokesman said from the podium at the state department that the u.s. government is disappointed in russia for giving snowden this opportunity for what she described as a propaganda opportunity. she said he's not a whistle-blower, he's wanted on charges here in the states. also over at the white house, spokesman jay carney said something similar, that this was a propaganda opportunity, essentially, for snowden. but he also added that he did not want this snowden case to come between the u.s. and russia at this very important time politically for the two nations. the president, as you mention, is going to call vladimir putin, president putin, later this afternoon. >> now, jennifer, do we know what the statistus of his passp
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is. we understood it had been revoked or canceled somehow and he was sort of trapped in the moscow airport in the transit zone and couldn't get here or there and that's what was making it tough for him to go to bolivia or venezuela. >> it really reminds you of that hollywood thriller "terminal" where tom hanks was stuck in the airport for all those days on end. what we know is that the passport, snowden's passport was canceled by the u.s. government. so he is still a u.s. citizen but he does not have papers on which to travel and that is one of the reasons he's trapped at the airport and one of the reasons that the russians have not allowed him out of the airport. because he doesn't have a passport, a valid passport. he's concerned about taking off from sheremetyevo from the moscow airport en route to one of those latin american countries, because the planes would have to either fly over the u.s., or over allies of the u.s., and they're worried that the u.s. could use its authority to somehow bring the plane down and arrest snowden. again, from washington, they are
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saying that snowden is still a citizen. he has the right to come home and face a trial. he's wanted on felony charges. and -- but this is the first time that we've seen edward snowden since june 23rd. he issued a statement that was put out by wikileaks, and appeared on "the guardian" newspaper website. it's the first video we've heard of him speaking. he compares himself, it's a very lofty video in which he talks about quote, from the nuremberg trials of 1945. he clearly is trying to position himself as a person who needs political asylum. >> jennifer griffin, you're so right. it does hearken back to that movie "terminal" or even a kafka short story of being trapped in transit and not being able to go one way or the other. jennifer griffin thanks so much for the update on this breaking news. fox news alert for you out of paris and that horrifying train crash that has left at least six people dead. and officials indicate that they believe that number will likely
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rise. many more people are hurt. the french rail authority says this was a pass commuter train and had just left paris when it somehow jumped the rails and crashed into a suburban train station. we're told the train then split into two parts and one of them actually landed on the platform. and we're also being told the people waiting on that platform were electrocuted. some 350 passengers were on the train at the time of this crash, and there are reports that many are still trapped inside, so at this stage, investigators tell us it looks like the train was going too fast when it derailed. we'll bring you more details on all of this as soon as we have it. and the jury in the george zimmerman murder trial is about to return to the courtroom from their lunch break. they are expected to begin deliberations this afternoon, so we will go live to florida next to show you what this jury will hear just before they start to deliberate. plus there's new evidence that the senate's top democrat will
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go forward with bombshell change that will literally change the rules in our nation's capital. one the republicans are calling a big gift to both the president's party, and to organized labor. and the new details on the investigation into that unbelievable plane crash in san francisco. we'll look into claims that one of the pilots saw a mysterious and blinding bright light in the moments just before impact. and serious questions about the emergency response time. >> yes, i was on the plane. we've been on the ground, i don't know, 20 minutes or half hour. there are people laying on the tarmac with critical injuries, head injuries, we're almost losing a woman here. we're trying to keep her alive. ? yes! one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. live the regular life. phillips'.
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fox news alert now. any moment now jurors will retake their seats in the courtroom, and the judge will deliver final instructions to them, as those 12 people will begin to decide the fate of george zimmerman.
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then, we wait for a verdict in this case that has come to dominate the nation's television screens in the last couple of weeks. it's a brand-new hour of "america live" i'm alisyn camerota in for megyn kelly today. this may prove to be the most important day yet of this three week long trial. both sides concluding their arguments with drama. at the end of this case, the question of self-defense. the defense suggested that george zimmerman had no choice but to shoot trayvon martin. and it was not proven otherwise. the prosecution arguing that zimmerman made that decision to kill. >> there was out of the darkness that trayvon martin decided to stalk, i guess, plan, count, i don't know, all i know is that when george zimmerman was walking back to his car, out of the darkness, be it bushes, or darkness, or left or behind or
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somewhere, trayvon martin came towards george zimmerman. >> the only way that defendant gets to his gun, the only way, trayvon martin was getting off of him, or he had backed up so far on his legs that he can't hit him, couldn't touch him. the defendant didn't shoot trayvon martin because he had to. he shot him because he wanted to. that's the bottom line. >> fox's phil keating is live outside the courthouse in sanford, florida. what's happening there at this hour, phil? >> well, the judge has just told the entire courtroom that when she's giving her jury instructions, which could take about an hour, maybe even move, that no one will be allowed to enter or leave that courtroom, and as we speak, the jurors, nine of them, still -- nine of
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them are walking back in after the lunch break, and here in short order, the judge is going to announce for the jury panel that only six of them will actually go in to the deliberations room. and then the other three who were alternates all along will learn that they were alternates all along. and they will finally be released to go home. in a couple of hours, perhaps, when the other six, six women, five of them white, one of them hispanic/black, head back to the deliberations room to decide two key points on the jury instructions. is george zimmerman guilty of second degree murder, or the lesser charge, included yesterday by judge debra nelson, is the jury going to convict george zimmerman of manslaughter, which carries still 15 to 20 years in a federal prison. so it's not like it's a very minor offense, just lesser charge of manslaughter was exactly that. it's serious and that's why the defense really tried to keep this out of the courtroom
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yesterday. inside the courtroom you see george zimmerman standing there right in front of those cutouts, that is attorney mark o'mara used to walk up to the jury to actually show what the then-28-year-old george zimmerman, of february 2012, looked like in size compared to a taller 17-year-old trayvon martin. they will not be taking that cutout into the jury deliberations room. in fact, over the launch break, the judge just announcing that the attorneys have come to an agreement as to what goes in, what goes out. what will not be going back for that jury to watch is that animation. and we have a clip of that animation that mark o'mara finally was able to show during his closing arguments today. he was not allowed to show that during the trial because this judge did not want the jury to be able to reflect one time after another and another during videotape based on partial eyewitness accounts and very much the accounts and versions of the events by the defendant george zimmerman. that video animation shows zimmerman taking the first punch
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to the nose by a trayvon martin, then it shows them wrestling on the ground, and then ultimately on the sidewalk, and that walk, you know, played such a big role over the past three weeks here, because the defense of zimmerman made much of the cuts on the back of his head, showing those photos, and his claim that trayvon martin was straddling him, bashing his head into the sidewalk, and that alone made him feel like his life was in danger, justifying self-defense. well, finally today, that piece of concrete, not from that sidewalk but in a different place, entered the courtroom in dramatic fashion. take a look and listen. >> that's cement. that is sidewalk. and that is not an unarmed teenager with nothing but skittles. >> it was dramatic, that's for sure. and in a few moments after the
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judge reads, the six jurors will be notified that their job is now ahead of them in the deliberations room. >> phil keating thanks so much for all of that background. as this trial comes to a close, how did the prosecution and defense perform in their closing arguments? a former prosecutor and defense attorney, and lisa is a fox news analyst. they rejoin me. great to have you guys back. so, you are the jury instructions. why is this going to take an hour? >> she's got to read them word for word. 27 pages. many of the pages just have a few sentences on them. but she literally has to go through and read everything. after she thanks the jurors in writing here, then she's going to go through the introduction to homicide, introduction to second degree murder, then manslaughter and then she will finally get to justifiable use of deadly force before she gets into rules for deliberations. >> got it. let's take a listen inside the courtroom because we believe the judge is giching some of those instructions. >> -- a killing that is excusable or was commit by the use of justifiable deadly force is lawful.
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if you find trayvon martin was killed by george zimmerman, you will then need to consider the circumstances surrounding the killing, in deciding if the killing was murder in the second degree or was manslaughter or whether the killing was excusable or resulted from justifiable use of deadly force. the killing of a human being is justifiable and lawful if necessarily done while resisting an attempt to murder or commit a felony upon george zimmerman, or to commit a felony in any dwelling house in which george zimmerman was at the time of the attempted killing. the killing of a human being is excusable, and therefore lawful, under any one of the following three circumstances. one, when the killing is committed by accident and misfortune, in doing any lawful act by lawful means with usual, ordinary caution and without any unlawful intent. or, two, when the killing occurs by accident and misfortune in
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the heat of passion upon any sudden and sufficient provocation. or three, when the killing is committed by accident and misfortune, resulting from a sudden combat, if a dangerous weapon is not used, and the attempted killing is not done in a cruel and unusual manner. dangerous weapon is any weapon that taking into account the manner in which it is used is likely to produce death or great bodily harm. i now instruct you on the circumstances that must be proved before george zimmerman may be found guilty of second degree murder or any lesser crime. to prove the crime of second degree murder, the state must prove the following three elements beyond a reasonable doubt. one, trayvon martin is dead. two, the death was caused by the criminal act of george zimmerman. three, there was an unlawful killing of trayvon martin by an act imminently dangerous to another, and demonstrating a depraved mind without regard for
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human life. an act includes a series of related actions arising from and performed pursuant to a single design or purpose. an act is imminently dangerous to another and demonstrating a depraved mind if it is an act or series of acts that a person of order near judgment would know is reasonably certain to kill or do serious bodily injury to another, and is done from ill will, hatred, spite, or evil intent, and is of such a nature that the act itself indicates an indifference to human life. in order to convict of second degree murder it is not necessary for the state to prove george zimmerman had an intent to cause death. if you find that george zimmerman committed second degree murder, and you also find beyond a reasonable doubt that during the commission of the crime he discharged a firearm, and in doing so caused great bodily harm to, or the death of,
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trayvon martin, you should find george zimmerman guilty of second degree murder, with discharge of a firearm causing great bodily harm or death. if you find that george zimmerman committed second degree murder, and you also find beyond a reasonable doubt that during the commission of the crime he discharged a firearm, you should find george zimmerman guilty of second degree murder with discharge of a firearm. if you find that george zimmerman committed second degree murder, and you also find beyond a reasonable doubt that during the commission of the crime he actually poe sellsed a firearm, he should find george zimmerman guilty of second degree murder with actual possession of a firearm. a firearm is legally defined as any weapon which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive. to actually possess a firearm means that george zimmerman
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carried a firearm on his person, or had a firearm within immediate physical reach with ready access with the intent to use the firearm during the commission of the crime. in considering the evidence, you should consider the possibility that although the evidence may not convince you that george zimmerman committed the main crime of which he is accused, there may be evidence that he committed osh acts that would constitute lesser included crimes. therefore, if you decide that the main accusation has not been proved beyond a reasonable doubt, you will next need to decide if george zimmerman is guilty of any lesser included crimes. the lesser crime indicated in the definition of second degree murder is manslaughter. the killing of a human being is justifiable and lawful if necessarily done while resisting an attempt to murder or commit a felony upon george zimmerman, or to commit a felony in any
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dwelling house in which george zimmerman was at the time of the attempted killing. the killing of a human being is excusable and therefore lawful under any wuv the following three circumstances. one when the kill something committed by accident and misfortune in doing any lawful act by lawful means with usual, ordinary caution about any unlawful intent or two when the killing occurs by accident and misfortune, in the heat of passion upon any sudden and sufficient provocation or, three when the killing is committed by accident and misfortune, resulting from a sudden combat, if a dangerous weapon is not used, and the attempted killing is not done in a cruel and unusual manner. dangerous weapon is any weapon taken into account is likely to produce death or great bodily harm. to prove the crime of manslaughter the state must prove the following two elements
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beyond a reasonable doubt. one, trayvon martin is dead. two, george zimmerman intentionally committed an act or acts that caused the death of trayvon martin. george zimmerman cannot be guilty of manslaughter or committing a nearly negligent act or if the killing was either justifiable or excusable homicide. each of us has a duty to act reasonably toward others. if there is a violation of that duty without any conscious intention to harm that violation is negligence. the killing of a human being is justifiable homicide and lawful if necessarily done while resisting an attempt to murder or commit a felony upon george zimmerman, or to commit a stillny in any dwelling house in which george zimmerman was at the time of the killing. ed killing of a human being is excusable and therefore lawful under any one of the following three circumstances. one, when the killing is committed by accident and misfortune. in doing any lawful act by
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lawful means with usual ordinary caution and without any unlawful intent or two, when the killing occurs by accident or misfortune in the heat of passion upon any sudden and sufficient provocation, or three, when the killing is committed by accident and misfortune, resulting from a sudden combat, if a dangerous weapon is not used, and the killing is not done in a cruel or unusual manner. in order to convict of manslaughter by act it is not necessary for the state to prove that george zimmerman had an intent to cause death, only an intent to commit an act that was not merely negligent, justified or excusable and which caused death. if you find george zimmerman committed manslaughter, and you also find beyond a reasonable doubt that during the commission of the manslaughter george zimmerman carried, displayed, used, threatened to use, or attempted to use a firearm, you
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should check the appropriate box on the verdict form which i will discuss with you later in these instructions. >> all right. you have been listening to the judge there give the jury the instructions of what criteria to use to determine second degree murder, to determine manslaughter, to determine an acquittal. i want to bring back in to help us sift through all this. my head is swimming already. >> i know. >> i don't know how the jurors can make sense of all the different nuances. >> let's walk through. and they'll have these jury instructions with them. excusable homicide. she gave three different reasons or three different acts that could be excusable. or, or, or. i would say the second one, when the killing occurs by accident or misfortune in the heat of passion upon the sudden and sufficient provocation. that is the closest that the defense has, i think, would you agree? >> that's the closest. i don't think any of these -- >> i can't -- >> but excusable homicide, is that the same as manslaughter? >> no, no. it's different, justifiable use of deadly force is the main focus from the defense. but this is what she started
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with. and then we went on to second degree murder. okay so they have to prove three things. trayvon martin is dead. it was caused by the criminal act. the act of george zimmerman. and if it was criminal. and that it was depraved mind without regard for human life. that's the key to the second degree murder charge. >> but it's so complicated. i mean jurors, i don't know, you both have much more experience at this than i do, but are jurors just in there looking at the faces as we just were of trayvon's parents? are they really digesting what the judge is saying or have they made up their minds right now? >> i think they're going to go back in the jury room, and that's when they can really sit down and say, okay, let's go through this page by page, what does everybody think lapped. let's take a vote and start from there. remember there's only 6 people on this jury which i think forget about a mistrial. because it's easy to round up six people to get on the same page. >> good point. it's not 12. it's six. >> as phil keating was saying three will now be dismissed after they've labored for three weeks on this and they will be headed home. >> and what we haven't gotten to
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is the instruction at the very, very end, a little sneak peek into this where she will say to them, you must look at the law. you must not look at your passion or anything like that, you must look at the law, and we are counting on you to make a wise decision which i think was interesting. i haven't seen that many times before. >> i haven't seen it in a jury charge before. >> it's always i know, folly to try to figure out how to read the tea leaves of what jurors are thinking. however we have a little bit of a window into what they're thinking because the associated press just released this report and said that one of the their reporters who was inside the courtroom tweeted that he saw one of the jurors wiping away a tear during the prosecution's argument, closing argument. >> the rebuttal. >> the rebuttal. which as i think you said was emoti emotional. >> it was very emotional. a child and the last thing this child was trying to do and the last four minutes of his life was just trying to get home. i've been watching this case from the very beginning as we all have and my stomach just -- >> but that's the only card that they really had to play. because i think the last thing that this child did was punch
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somebody in the face and bash his head against the cement. >> that's why we'll get to justifiable. >> and i didn't know if the child term worked for the jury anyway. because i don't know that many of us would describe a 17-year-old teenager, teenage guy as a child. though pros the cushion testified. >> right. >> and remember tried to bring the whole child abuse think i was ridiculous. >> right. >> to garner sympathy. >> i get that but sympathy is not the law. >> well, and again to give you a sneak peek into the jury instructions she is going to say that toward the end. you can't decide this case because you do not like the lawyers. you can't decide this case because you're angry with somebody or you feel sorry for somebody. that is explicit. and again i have not seen it very often. >> which is really funny, because the prosecution kept saying, use your common sense. use your common sense. that's not in here. >> use your common sense. but kept trying to hit that home. >> but that is -- so the judge won't tell the jurors to use their common sense? she will just tell them to look at the letter of late. >> look at the law. not your sympathy, not your
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passion, not your anger towards the lawyers, parties, anybody, moms and dads. >> it's fascinating. we have heard jurors say in the past i wish we could have thrown the book at this person. i wish we could have convicted but we couldn't. >> they too have to look, this is one of the reasons it's so wonderful because you are really supposed to ferret out all of the emotions, anger one way or the other and look at the law and that's why it's so clear because she could have just handed this packet and said read this in the jury room it will save us an hour of time. no she's going to read it through step by step so they are looking at this and take it with them in the jury room. >> ladies thanks so much for being here. it's been great to have you on deck as we stwrie to sift through all of this. we will check back in throughout the rest of the afternoon. >> as the judge delivers final instructions to the jury we will monitor for news and bring you whatever updates we get. and later on, we'll take a closer look at some of drama in this trial involving the judge herself and we'll ask whether a couple of high profile incidents could influence the jury.
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and up next, breaking details on one of the victims of that asiana plane crash in san francisco. what police are now saying happened to one girl after she was outside that doomed plane. and the new questions raised over the speed of the emergency response. >> no ambulance is on site since this plane crashed. lots of fire engines in the distance, not one ambulance out here on the tarmac.
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fox news alert for you on the new details in that asiana airlines crash. as san francisco police confirm just in the last hour that one of those chinese teenagers who was killed was actually struck by a fire truck responding to the scene. police spokesman says the girl was on the ground and covered in foam that had been sprayed by
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the fire crews. so she wasn't visible. in these images you can see the burned out fuselage, and the fire retardant foam surrounding the aircraft. plus, there are serious new questions being raised by just-released 911 calls from the survivors. as we hear them pleading with emergency operators to send more help because severely burned people are laying on the tarmac. >> we just heard a giant explosion, and we're with a couple other hikers and they saw that an airplane had crashed right there at sfo. >> actually at the airport? >> yeah, yeah, yeah. >> hi, we're just at the san francisco airport, and our airplane just crashed upon landing. and i think you need to come here as soon as possible. there's a bunch of fire trucks and a couple ambulances, one or two, but there's a lot of people hurt and on the ground, and we probably need people. >> hi, we are at the san francisco international airport and we were just in a plane
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crash and there are a lot of people that need help. is there any way that an ambulance can be set. >> are you with a lot of the ambulances that are there? >> no, they are not. we have people over here who weren't found, and they're burned really badly. we just got in a plane crash, and there are a bunch of people who still need help and there's not enough medics out here that need help. there is a woman out here on the street, on the runway who is pretty much burned very severely on the head and we don't know what to do. >> okay, we do have help started that way. you say that they're there but there's not enough people correct? >> yes, she is severely burned. she will probably die soon if we don't get help. >> how old is she? >> i don't know. i'm going to say severely burne really needs help. i don't even know what to do. is there any way i can assist you. >> there are people injured on the tarmac. seriously -- >> ma'am we have reports of it. >> there are no ambulances here. we've been on the ground 20
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minutes. critical injuries. hello? >> yes. i'm still here. >> okay. >> were you on the plane, ma'am? >> yes, i was on the plane. we've been on the ground, i don't know, 20 minutes a half hour. there are people laying on the tarmac with critical injuries, head injuries, we're losing a woman here. we're trying to keep her alive. >> mike boyd is an aviation expert and co-founder of boyd aviation group. mike, great to have you with us. what do youny when you hear these nooin one one calls? they're saying there are no ambulances on the here we've been on the ground for 20 minutes. >> that phone call made me sick. you don't have to call 911 to get people out there. san francisco had responders coming. it doesn't come right away. they tried to get them out there as quickly as they could, and to act as if when a plane crash comes you have to call 911 is ridiculous. i understand the gravity of the situation, and the trauma that that poor woman was going through. but, they get out there as quickly as they possibly can. it isn't something where you can
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get out a couple miles out. they know this. this is the normal response. we can't do much about it -- >> but mike, 20 minutes? they're saying they're been on the ground 20 minutes. that's too long for for ambulances to show up. >> time out. do you know with 20 minutes that woman said 20 minutes? time drags when you're probably in an accident like that. i don't mean to get into this, but you've got to be very careful here. this is an accusation the people at san francisco, the emergency responders were lagging. i'd be very careful to call that out on the basis of a 911 call. >> well, it's not just one 911 call, but it's several 911 calls. i hear you, i hear what you're saying that we don't know for sure that it was 20 minutes. but it certainly wasn't immediate. was there any instruction, you believe, given for ambulances to hang back because they were afraid the plane might explode? >> absolutely not. that's ridiculous. no. i mean, there was -- those people would get out there as quickly as they possibly can to get this. it's not like these people were lagging and acting like let's just go and have lunch.
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and i understand the gravity of 911 calls and twitter and all that. but let's be very clear here the people at sfo trying to get out there, they were moving as quickly as they could. they weren't lagging i guarantee you. >> i'm sure and nobody is saying that they didn't do a herculean response. the fire trucks were certainly there immediately, and they put out the fire, and that probably saved a lot of lives. however, maybe sfo or all airports, if we're going to learn from this experience, do need more ambulance-type vehicles there to treat the injured. i mean it sounds like the gravely injured passengers were being tended to by other passengers. >> they would be because they're the first people there. but to take a couple of 911 calls and decide that there weren't enough ambulances coming out there. these things do take time. but i wouldn't take calls from these people and say -- i understand where they're coming from but i wouldn't take calls from these people to assume that we didn't have enough ambulances. the first thing is we get the fire out and the rest of them come out as quickly as they
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possibly can. >> so you think i mean from everything that you've seen about this crash in the past week, you are comfortable that ambulances arrived as quickly as they -- as humanly possible to help the, the severely injured? >> i am. absolutely. 100%. the people at sfo would not have lagged this. they did everything they possibly could. >> mike i want to ask you about another thing that has come out in the past 24 hours, or 48, that the pilot who has now been interviewed you know the pilots survived so they can speak to ntsb investigators and faa investigators and one of the things that we're told the pilots told them is that he was momentarily blinded by a flash of light. what do you make of that report? >> what did he fall off a horse on the way to the mass? nobody else saw a flash of light. i don't know what that was all about. there were three qualified captains in that plane qualified captains in that cockpit including one that was being getting his initial operational experience. but he was a train eed captain.
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to say now they saw a flash of light what does that have to do with the fact that they lost control of the plane in the last minute. >> i heard somebody else say it was upon because it was a nice day, good weather at san francisco airport, which it often is not, it's often overcast or cloudy or foggy that the glare from the sun off of the water could have blinded them. do you think that holds any veracity? >> no, because it didn't blind any other pilots coming in on the same runway prior to that incident. so i mean, to say there was a flash of light that distrated me does not fly in a professional cockpit on that day at san francisco. >> so, mike, what do you think happened inside that cockpit? why do you think that -- i mean we now know that the pilot who was landing the plane had never landed that triple seven at san francisco airport and he didn't have a lot of hours behind in the cockpit of this 777. what do you think went wrong? >> what went wrong is he and the other highly qualified captain lost again lost basic
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operational control of the airplane. they didn't pay attention. that's what it looks like. but keep in mind, these were not people that had just found the airplane. landing at san francisco is not in weather like that is not particularly a difficult act. it's not like hong kong airport or something. but we had basically two cockpit crew or actually three pilots in that cockpit who just didn't pay attention. it looks like. and that's what really happened. and again, there were all professionals but something fell through. >> well, well but you say they didn't pay attention. i mean this is the moment, this is the critical moment when pilots, you know, obs obviously need to be most alert. is it -- is it, do you think that it was lack of training i mean you you think they were asleep at the switch or not literally of course but you think that they were just sort of coasting or that it was just lack of training he hadn't had enough hours on the 777. ? >> let's keep in mind there was another training captain next to him he also has a set of controls there so if something was getting out of whack that training captain would have known so i think we had two pilots that left the airplane
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get ahead of them. and that's what basically happened. again we're dealing with humans. this has happened in the past. probably happen in the future. >> every plane crash the ntsb and faa tries to go and investigate to figure out what went wrong and figure out what lessons we can take away from it so that we can make the sky safer and in fact the skies have become much safer in the past 20 years as a result of these investigations. what do you think the take away is from this crash? >> well i think they're going to want to i mean i am blown away impressed with the ntsb that deborah hersman knows what she's doing. she's in control. and we're going to learn a lot of things like why that fire break out in the attic of the airplane and why did it spread? they're going to look at those things. they're going to do all kinds of things. we are going to be better off learning from this. it's unfortunate we have to learn it at a lot of injuries and a couple of deaths. >> mike boyd you're an aviation expert. we do appreciate your expertise. thanks so much for coming in. >> thank you. fox news alert now for you. back to our top story. this from florida.
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the judge is done with all of the 27 pages that we have right here of the jury instructions, and now the jury is ready to begin deliberation. of course, this is in sanford, florida. this is the trial that has gripped the nation's attention. for what were originally thought to be racial and racist overtones. and then in the course of the trial, so many more details came out, and -- and let's go now to our fox reporter phil keating who has been outside and covering this trial throughout the duration. tell us what's happening at this hour. >> well, for the first time, the six jurors know whom they are, and the six jurors are five white women and one hispanic/black woman and five of these women all have children. the three alternates who have been sitting in that jury box with them for the past three weeks beautifully note taking and paying close attention to
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all of the evidence, the testimony, the witnesses, the arguments by the attorneys, this jury really did seem focused. they made a great sacrifice being sequestered two weekends in a row. they have been stuck at a secret hotel here in the sanford area. not really allowed to talk to the family and friends much and not really enjoy life as they know it. so they've made a big sacrifice. the judge is very in tune to that and the judge has said just about an hour ago that during the deliberations, which are now under way, in the george zimmerman murder trial, the jury, if they want to take a break, if they want to see a display or one of the props, one of the poster boards, time lines, all they can do to support them the sheriff's deputies will make their life as easy as possible. so the three alternates right now being discharged and they can presumably be sent home on their way and the six jurors now have the jury instructions, 28 -- 27 pages, rather, this is
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what the past 30 minutes have entailed inside that courtroom. judge debra nelson reading this word for word which spells out exactly what is meant by beyond a reasonable doubt. what is meant by burden of proof. what is meant by justifiable self-defense. the actual florida statute. and of course, based on yesterday's very contentious jury instructions, the base inside the courtroom between the attorneys says debra nelson allowing in, which was a victory for the state, a lesser charge, so this jury can either convict, or acquit george zimmerman of second degree murder which carries a sentence upon conviction of 25 years to life. or they could choose the lesser charge of manslaughter, which basically on the page that is instructed says george zimmerman intentionally committed an act or acts that caused the death of trayvon martin. if they convict on manslaughter,
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george zimmerman still spends many years in a florida state prison, 10 to 15 possibly 20 years on that because a gun was involved which adds an enhancer, which actually increases that penalty. or, of course, the big option that mark o'mara, george zimmerman's defense attorney banked all three hours of his closing argument on, this jury could deliberate, examine the testimony, examine the evidence, and feel that self-defense justified george zimmerman shooting and killing trayvon martin, who was returning home to his dad's girlfriend's townhouse in zimmerman's neighborhood, with skittles, and a drink, and wearing a hoodie. this case, of course, has divided the nation over the past year and four months. it really put race on the line. a lot of civil rights activists demanded somebody be arrested and charged. finally after 44 days, after the governor of florida got involved, he appointed a special
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prosecutor out of jacksonville, and on april 11th of last year, george zimmerman was charged with second degree murder. it's now in the jury's hands. >> phil skeeting, thank you so much for all of that background. we want to bring back in our legal panel. a defense attorney and former prosecutor and fox news legal analyst. we now know who the jurors are. five white women, one hispanic black woman, i didn't know previously that black was one of the ways that one of the jurors was going to be described or hispanic/black. obviously that doesn't tell us much about them, or which way they're leaning. what do you make of what the little we knee about their identities now. >> well, i think the most important characteristic they share are five of them are mothers. >> yeah, exactly. >> i think that's going to be if they're all going to come together as a group that's going to be the thing that shows them together. and you know, they're going to go back in the jury room and say this could have been my kid. and that's a burden to overcome. >> right, that's great for the prosecution but don't forget the defense was, you know, along with the pick of these women and
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i think the defense perspective on this is as women, let's face it, we're a little bit more aware of self-defense. we're a little bit more aware of the threat of somebody coming at us in the night and women may be just more attuned to that as opposed to the moms factor. >> that's a good point. >> and of course we don't know. we do know that they're moms but we don't know if they have 17-year-old sons or 28-year-old sons. >> right. >> or something in the middle. >> or what the relationship is with their sons. i hate to say you never know all of those dynamics. >> so i mean, if you obviously i'm asking you for some guesswork here but you do have trial experience obviously in the courtroom. how long will it take for them to deliberate a case like this? >> funny you should ask. >> we were just talking were that. i think that we have a verdict tonight. >> you do, why? >> because i think if they get to there was self-defense, they made a perfect self-defense claim, nothing else matters, they don't need to go on to the other 27 pages of this, they come back before we -- >> what's so ironic what about jana is saying is it usually, usually 99% of the time is fast
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verdict is a good thing for the prosecution. when i was a prosecutor if there was a fast verdict, whew, i got it made, done. here it would be, it's a verdict for the defense because she is right the only issue for them right now is when it's, if they decide it was self-defense, what's going to happen right now is they're going to go into the jury room, they're probably going to elect a foreman and then they're going to sort of take a vote. i mean a tally if you will and see whether or not they can come to a consensus right out of the bat and if not they'll see how far away they are. but the only issue looking at them right now according to these jury instructions is really self-defense. >> tell me what page you highlighted because i found some of these confounding, these instructions. so what paragraph do you think -- >> justifiable use of force this page. that's critical if they find that george zimmerman used force that was justified, because he had a reasonable belief that he was in fear of great bodily injury or death doesn't have to be an actual danger that language is in here and why that is -- >> doesn't have to be a real danger.
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>> he has to believe it. >> which is compelling because mark o'mara said it doesn't he didn't even have to have a cut on his finger to be able to avail himself of justifiable force. >> but does the fact that he had a firearm and trayvon martin did not so it wasn't necessarily equal fight. >> right. >> and there's a lot of things here in the jury instructions about firearms, does that change the equation for the jurors? >> it absolutely does. because he wasn't -- why does he go after him? he went after him this is what the prosecution says, why did he go after him because he had a gun he could go after him. he was going to stop him at all costs so that absolutely is critical. i think you're right. the other thing i would read that we alluded to earlier is the rules for deliberation because really unusual that you've got to follow the law. there's no reason for failing to follow the law in this case pap what she's getting at here is jury nullification. if you go with your heart or anger you're full mying. you cannot do that. all of us are depending upon you to make a wise and legal decision in this matter. >> you say that's different than
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other jury instructions. >> it is really. and the third part of this case this case must not be decided for or against anyone because you feel sorry for anyone or angry at anyone. >> speaking of the judge. let me play for you a little bit of sound for when the judge hy defense council which happened a couple of times in this trial, and she seemed to in some ways play her hand as to who she felt which side she felt more sympathy for. >> let's watch this. >> is there anything else that we needed too take up? >> now that we've moved to friday, does this make sense -- friday morning and then where we get all the closings in in one day and the judge -- >> the reason i told you what schedule i wanted is because it makes sense to me. i'm not getting into this. court is in recess i will give my ruling in the morning. i'll see you at 8:00 in the morning. >> court is in recess. it is to 9:56.
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>> it's 10:00. started this morning. we have two days. weekend depositions at night. >> have you made a decision as to whether or not you want to testify. >> have you made a decision -- >> i can't answe that question. >> overruled. the court is entitled to inquire if mr. zimmerman's determination as to whether or not he wants to testify. >> on mr. zimmerman's behalf pfr >> i answered your client question. please mr. west. >> i object to the court inquiring that mr. zimmerman has to his decision about whether or not to testify. >> your objection is overruled. >> okay those were several testy exchanges. that was more than i promised. what do you make of that. >> if she could have -- >> she probably would. you know who that's unfair to? that's unfair to george zimmerman. one other point if i as an
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attorney walked out of the courtroom when a judge was talking to me, i would be in jail. >> that would be contempt. >> she walks off the bench when an attorney has a legitimate complaint about the hours and nothing -- come on, she obviously has something against that defense team. not fair. >> the only thing i can say to that is one saving grace in this is that the jury is not hearing any of it. >> true. >> the jury were not there. >> they were not there. exactly they were not there. now the question, of course, does that spill over in her demeanor to him when they're actually there in the courtroom. but she they did not hear any of this. >> mm-hmm. >> ladies thank you so much for being here and analyzing all of this, we really appreciate your expertise. thank you. we have more breaking news for you this time from washington in less than half an hour the department of justice is expected to release a report outlining proposed changes to its guidelines involving the investigation of journalists. a doj official says reporters will no longer face search
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warrants for ordinary news gathering activities. and the media will now be notified of a subpoena of their records. senior white house foreign affairs correspondent is live at the white house. >> we're fortunate the president accepted all of the attorney general's recommendations earlier today. two of the changes address the collection of fox news correspondent james rosen's phone records, and the records of 20 associated press telephones, reporters phone records will no longer be searched if they're engaged in legitimate journalistic work. you'll remember that rosen was named a possible aider and abettor and or coy conspirator for reporting about north korea's make response. officials say there was never an intention to prosecute rosen and presumably they'll no longer be able to search reporters phone or e-mail records unless there is an intent to prosecute them. in the case of the ap, the company was never notified of plans to check phone records,
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based on its report of a busted plot to bomb a commercial airliner that was based on a classified leak. ap officials say they would have challenged the justice department's intentions, they could have also told them that some of the phones that were tracked were no longer being used, now organizations will be given the benefit of the doubt on prior notice unless there is more reason not to inform them. in any case, all will be told of any phone cracking 90 days after its done. now this may not be enough. ap ceo gary pruitt says the damage may have already been done. >> some of our longtime trusted sources have become nervous and anxious about talking to us. even on stories that aren't about national security. and in some cases, government employees that we once checked in with regularly will no longer speak to us by phone, and some are reluctant to meet in person. >> get the attorney general's full report within an hour.
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alisyn. >> wendal goler thank you so much for that update. >> we want to break gridlock to make washington work for america, especially the widle class. senate needs to change from a place of constant, constant gridlock where we get things done and response to the challenges faced by america and especially the middle class. the first step is to stop blocking the president's nominees. >> well, that was senate majority leader harry reid accusing republicans of trying to block president obama's top level appointments. now he has scheduled a meeting monday where he could announce that he is moving forward with these so-called nuclear option that would allow presidential appointments to be approved with a simple majority of 51 votes as opposed to i believe the 67 that they need. minority leader mitch mcconnell fired back accusing democrats of attempting a power grab here and saying the record shows reid has
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his facts, quote, wrong. now in 2013 alone mr. mcconnell says lawmakers confirmed the secretaries of energy, the interior, the treasury, the secretary of state, commerce, transportation, the director of the office of management and budget, the administrator of the centers for medicare and medicaid services, and the chair of the securities and exchange commission. let's talk about all of this, joe trippy is a former campaign manager for howard dean. ed rollins is a formal national campaign director for reagan, bush in 1984 a former white house political director and deputy chief of staff to president reagan they're both fox news contributors. let's talk about the apocalyptic sounding nuclear option, ed. what does this mean? is this possible? >> well, first of all it's absurd. the new senate sets its rules at the beginning of the session, which was after the last election. any change takes place midterm is by a two thirds vote. reid is trying to get around that. there's been no blocking of any
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nominees. the last was secretary of transportation. that was a 100-0 vote. they just passed a bipartisan immigration bill. if he makes this change he'll create more chaos than they've ever had before. >> joe has there been no blocking of nominees as ed just said. >> there's a lot of nominees that happen. the nlrb is completely about to be, you know, literally have no members because they haven't been replaced. but, that happens both parties do this to the president. it happens during george bush democrats held up, and during george bush it was the republicans who threatened the nuclear option, so this threat, i mean, holding up a president's appointments, and at the same time this threat of nuclear options happens, each president. at this time it looks like it might be serious. >> they manage to do it. the problem is the reason you don't want to do it and the reason mitch mcconnell didn't do it was because he was worried it all sounds great when you're in charge.
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that you -- but -- >> your party is not in charge then it's not so great when you use the nuclear option. is speaking of the national labor relations board there are these three nominees that apparently their nominations have been blocked, and some suggest that reed is, that all of this, that bluster is actually reid giving them some sort of payback or special treatment because they've contributed to his campaign. >> well, they all where the afl-cio label across their back. two things happen. one is the president put them in on an interim appointment which you're not supposed to do unless the congress is out of office and that was not proper. equally as important, to joe's point, if they do this, i promise you the senate, which is supposed to be less partisan, every member is supposed to be important and the minority's rights are always looked out for will never go back to that. just like the house of representatives, and you talk about partisanship. it will be ugly from now on. >> that's why they called it the nuclear option. both parties have called it this for some time.
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it will break down the decorum in the senate. by the way there are a lot of people on the left who think, good, let's blow that decorum up, and let's get our appointments through. not looking at long-term what that would mean later on when the republicans get a majority in the senate, all of a sudden there's no way to stop them, so it's -- >> it's so quaint that you both think there is still decorum in the senate. let me show you what senate senator mitch mcconnell -- >> there ask and i appreciate that. that is really lovely that you're demonstrating that. however this is what senator mitch mcconnell said of harry reid his colleague and you know they always refer to each other as the gentleman from, the gentleman, my friend and he said that senator reid is manufacturing a crisis and he will be remembered as the worst leader of the senate ever. >> there have been lots of bad leaders in the senate on both sides. he certainly will be right off the top. the least the most partisan. >> however he did preface that by saying my friend. >> right. >> he did -- he did actually say my friend harry reid.
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let's -- >> my friend the jerk. >> yes. yes. my friend. but, seriously, it sounds like this is more than just an idle threat because harry reid is bringing in all 100 senators to discuss this. discuss this. threat. this is the closest -- in the time i have followed this, this one looks very serious. i think this could happen this time. >> he has a lot of young senators on the democratic side. never been in the minority. >> we'll see what happens on monday. we are await agnus conference in sanford, local, where local police and the sheriff's office are about to make some sort of announcement as the zimmerman jury deliberates. we'll be back with that, and trace gallagher on the highly charged remarks in the week after trayvon martin was killed. really? 25 grams of protein.
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fox news alert now. there's a news conference getting underway in sanford, florida, where local police and the sheriff's office are making some sort of announcement as the zimmerman jury begins deliberating. let's listen in. >> good afternoon. chief smith and i appreciate the opportunity to be here. i wanted to start off by some of my observations. february of last year, tragic situation occurred within the city of sanford that claimed one life, and changed many others. in fact, lives of two families have forever been altered and
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our hearts and prayer goes out to both. during the trial the sheriff's office has a number of responsibilities, one of which, obviously, is to assure the safe environment of the courthouse as well as the participants of the trial. we also want to ensure that the proceedings go -- are carried out without interruption or disruption. we also were responsible to ensure the sequestration of the jury that is proper. the overall our mission is to provide a safe and secure environment for the entire community. june 10th, members of our community walked into this courthouse has the potential jurors. just like people throughout the country do in our 3,000 plus counties.
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once seated, these individuals will decide cases in controversial in their respective jurisdictions and they die it under the watchful eye of a presiding judge. now, for 15 days, this jury has heard from witnesses. they have viewed evidence. they have learned the facts. they have been instructed on the laws that apply, and now they are deliberating. and soon, hopefully, they will issue a verdict. as americans we entrust our fellow citizens with this solemn duty in exchange we, the public, respect and accept their decision. now, at times, as individuals, we may not agree with this
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verdict, but at communities within our country we respect the rule of law. before i turn the podium over to chief smith, i would like too speak to what i see in our community. we recognize, while this case has brought a great deal of emotion, there's no tension in seminole county. let me repeat that. i cannot speak for any other jurisdiction but i have to tell you, we recognize that this case has stirred up a great deal of emotion, but we're not seeing tension here in seminole county. there's no party involved in this case who wants to see any violence. and we have every expectation upon the announcement of this verdict, that our community and its visitors will continue to act peacefully. please be assured that our office has been working with other law enforcement agencies, particular through sanford police department to ensure the safety of our citizens and visitors here.
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we encourage businesses to not disrupt operations. we encourage all residents that -- to live their lives normally. we will not tolerate anyone who uses this verdict as an excuse to violate the law. i am proud of the efforts of the men and women of our organization, and we're going to continue to work hard to provide the best possible service to the people of seminole county. and now i would like to introduce chief smith. >> first i want to thank you all for being here today and taking the time to be here. 17 months ago a tragedy took place here in the city of sanford. one in which has change the mindset, the perception, what we
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see in our country today. it's also took the opportunity to bring some things to light that may have taken place many, many, many years ago. 16 mocks ago, 3,000 -- 30,000 some odd people showed up here, and during that same time, they requested that several things take place. they wanted investigation, they asked for an arrest. they asked for charges to be made. they asked for a trial. each of those things have taken place. additionally, they asked for an investigation into the police department, and asked for a review of the things that have taken place in the police department through the department of justice. each of those things have taken place. but also during that time, a blue ribbon panel was developed to look at issues and concerns not only in the police department but throughout the city. community meetings have been
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held to talk about issues and concerns that affect the people in sanford. and how we, as a community, can work together to resolve those. there's been training done with law enforcement, through the department of justice, within the police department to talk about issues based on bias-based policing and ethics. we've gone out into the community and talked, spoke to people about what their issues by knocking on their doors, introducing ourselves, to say, let's see how we can improve the relationship between the police department and the community. we've also developed what is called sanford connectioning, where we connected with the pastors of the city and regardless of their religion, bleak set those aside so they get a good feel for the things that are hap
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